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Case Law

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Exceeding the protected period and unchangeability of the dismissal notice

In ruling no. 8628 of 16 March 2022, The Court of Cassation ruled that the validity of dismissal for exceeding the protected period “'by summation” requires specification of…

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Dismissal for just cause: disciplinary notice

In its ruling no. 3820 of 7 February 2022, the Court of Cassation established that the disciplinary notice shows the worker of the facts of which they have…

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Waiver of right to appeal against dismissal: right available

With its ruling no. 1887 of 21 January 2022, the Court of Cassation stated that the employee might freely dispose of the right to challenge the employment relationship…

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Individual dismissal on the same grounds as collective dismissal is null and void for fraudulent conduct

With its order no. 7400 of 7 March 2022, the Court of Cassation ruled that an individual dismissal for objective justified reason, for the same reasons as those…

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Threat of dismissal constitutes extortion

With its ruling no. 3724/2022, filed on 2 February, the Court of Cassation held that an employer who “warns” staff that they may lose their job to force…

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Termination for managers sending angry emails to senior management is legitimate

With its order no. 2246 of 26 January 2022, the Court of Cassation ruled that a manager who sent an angry email to the company's top management engaged…

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Probation clause: referring to collective bargaining is not enough

With its ruling no. 1099 of 14 January 2022, the Court of Cassation stated that specifying duties covered by the probation clause may refer to the collective agreement…

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Collective dismissal: criteria for limiting the range of surplus employees of a department

The Court of Cassation with its order no. 1242 of 17 January 2022, ruled on the limitation, to a certain department, of the range of employees to dismiss…

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Protected period: excluding quarantine and later voluntary homestay period due to Covid-19 infection

The Court of Asti, with the order of 5 January 2022, ruled that the quarantine period (as per art. 26, paragraph 1, Decree Law 18/2020 applicable ratione temporis)…

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Court of Milan: the ban on dismissals applies to executives

With ruling no. 2629 of 10 November 2021, the Court of Milan considers that the dismissal prohibition introduced by the emergency legislation applies to executives. Facts of the…

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